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Rethinking Reproductive Healthcare Benefits After Roe: Three Initial Benefits Questions for Employers to Consider

The U.S. Supreme Court released their final opinion in Dobbs v. Jackson Women’s Health Organization on June 24, 2022.  Justice Alito’s opinion closely tracked the draft opinion that was leaked on May 2, 2022.  The opinion holds: “The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to […]

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An Interesting Intersection: No Surprises Act Claims and the New Fee Disclosure Requirements for Group Health Plans

As reported in our January 7, 2022 SW Benefits Blog “The DOL Asks and Answers Questions About the New Welfare Plan Fee Disclosure Rules,” group health plans must now comply with the ERISA Section 408(b)(2) disclosure requirements.  The CAA amended ERISA Section 408(b)(2) to extend the disclosure requirements, which have long applied to retirement plans, […]

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Departments Provide Some Relief to Health Plan Sponsors Facing Looming Year-End Deadlines

Year-end is always a scramble for health plan sponsors as they go through renewal and open enrollment.  This year was looking to be worse than normal given the impending deadlines for complying with the transparency in coverage regulations (“TiC”) and the numerous changes made by the Consolidated Appropriations Act, 2021 (the “CAA”).  As reflected in […]

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Free COVID-19 Vaccine and Testing Update

On November 30, Moderna announced that it is seeking FDA authorization for its COVID-19 vaccine.  In addition, on November 17 the FDA issued an emergency use authorization for the first COVID-19 diagnostic test for self-testing at home.  With these recent developments, a COVID-19 update for health and welfare plans might be helpful. Free COVID-19 Vaccines […]

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Trump Signs Act Mandating Group Health Plans Cover COVID-19 Testing For Free

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (“FFCRA”) requiring group health plans to cover COVID-19 testing for free and without preauthorization.  This means no deductibles, no copays, and no coinsurance.  More details regarding the changes employers are required to make are explained in our Employee Benefits Update of March […]

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Congress Giveth and They Taketh Away — Recent Health Plan Changes

In enacting the Further Consolidated Appropriations Act, 2020, (the “Act”), Congress, among other changes, enacted the following key changes affecting employer group health plans: Repeal of the Cadillac Tax:  Most notably, and a huge relief to most employers, Congress repealed the Cadillac tax.   The Affordable Care Act (“ACA”) added a requirement requiring employers to pay […]

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California Cares . . . About Employees Losing Flexible Spending Account (“FSA”) Funds

California recently approved Assembly Bill 1554, adding a flexible spending account notice requirement to § 2810.7 of the California Labor Code.  The new law, which takes effect January 1, 2020, states: (a) An employer shall notify an employee who participates in a flexible spending account, including, but not limited to, a dependent care flexible spending […]

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Preventive Care Can Now Be Covered for Specified Chronic Conditions Before HDHP Deductible

On July 17, 2019 the IRS released Notice 2019-45  resolving a preventive care problem that has been plaguing many high deductible health plans (“HDHPs.”).  The Affordable Care Act’s free preventive care mandate appears to be working.  People are catching medical problems sooner.  As a result, many employers have embraced the concept of free preventive care […]

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IRS Letters 226J: Having the Right Section 4980H Records Can Be Worth a Small Fortune

As reported in our 2018 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare, the Section 4980H penalties are still in effect and the IRS is enforcing them.  Employers continue to receive Letters 226J, which the IRS uses to propose employer shared responsibility payments. During the Letter 226J process, the IRS […]

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